In what should have been a “simple” process to finalize a bail application for Dr. Thomson Fontaine who had to return to court on April 29, 2022, after being granted bail of $75,000.00 on April 26, 2022, it resulted in a verbal confrontation between defense lawyers Julian Prevost, Gildon Richards, and Magistrate Michael Laudat.
Prevost informed the court that he will be dealing with the aspect of the “surety” while his Richards will handle the aspect of “variation in the bail conditions of Dr. Fontaine.”
The former Chief Magistrate Gail Royer who is the surety for Dr. Fontaine took the stand in answers to Prevost and stated that she is aware of his (Dr. Fontaine) diplomatic immunity and that he holds “a top post with the South Sudan government” where he works. She also stated that she “does not speak to him directly or regularly.”
It was from there the matter took a confrontational twist when defense counsel Richards stood up to do a re-examination of her comments which he claims “needed further clarification” but the Magistrate ruled that her comments “were clear and did not need any further clarifications.
Both lawyers inquired of the Magistrate if “he had revoked Dr. Thomson’s bail” after they were informed that “a new bail application had to be made.” In response, the Magistrate stated that Dr. Thomson was granted “conditional bail” to return to court on April 29, 2022, and once he surrenders himself to the court the “conditional bail which was granted ends and a new bail application must be made.”
“Your Honour, we say respectfully, that, since our client has not breached any of his bail conditions, and you have not revoked his bail then it continues,” Prevost and Richards told the court.
Director of Public Prosecutions (acting) Sherma Dalrymple in her turn to address the court stated that the “bail application was a simple issue.” “You have to present evidence before the court and we have bent backward to tell the defense that they need to satisfy the court that the surety has control of the defendant which is a critical aspect for the court granting bail,” she said.
Richards then rose to address the court but was asked to “take his seat” by the Magistrate but he refused.
“When lawyers go tarnishing the images of judicial officers on social media and not properly represent their clients that is what you have. Fight your case in the court of law, not on social media…lawyers must not dig a pit to bury themselves,” Magistrate Laudat stated.
In response, Prevost said he is not a social media person and does not even have a “Facebook account.”
Richards also denied social media activities. “I am not here to disrespect you or the court Your Honour, but I won’t tolerate any disrespect from you, we are saying that there is no need for a new bail application because the one your signed has not been revoked,” Richards said.
Refusing to take his seat as requested by the Magistrate, he (Magistrate) read to the court his powers under the act to deal with anyone who disturbs the proceedings or the court and or disrespects the authority of the court/Magistrate, he then called on the police to remove Richards from the court.
“I am saying to you, that I have done nothing wrong, I am merely forcefully putting my client’s case before the court and if you are convinced that is what I am doing then you should disobey the order given which is wrong,” Richards stated.
He also remarked that he was “not taking his seat” but will on his own free will leave the court.” He then stormed out.
Bail was then granted to Dr. Fontaine with Gail Royer as “surety” in the sum of $75,000.00 with reporting conditions of Monday and Friday to the Mahaut Police station, surrender his travel documents, barred from commenting on the case, and must apply to the court 72 hours beforehand if he must travel.
The matter was adjourned to July 26, 2022.